Title V.

POSSESSION
Articles 523-530, Civil Code of the
Philippines

Karen Maechelle Edullantes

 POSSESSION AND THE KINDS THEREOF

Art. 523. Possession is the holding of a thing or the enjoyment of a right.

The concept of possession extends to both corporeal and incorporeal
things.
Viewpoints of Possession:
• Right TO Possession (jus possidendi) – right or incident of ownership
• Right OF Possession (jus possessionis) – right independent of ownership
 Requisites/Elements of Possession
• Existence of the thing or right;
• There must be a holding or control of a thing or right (occupancy,
apprehension or taking) which could be actual or constructive;
• There must be deliberate intent to possess (animus possidendi).
This is a state of mind.
• The possession must be by virtue of one’s own right.
 Degrees of Possession
(1)Possession without any title or right whatsoever, as that of a thief;
(2)Possession with a juridical title or right but not in the concept of
owner, as that of a lessee, pledgee or depositary;
(3)Possession with a just title, or a title sufficient to transfer
ownership, but not from the true owner, as that of a buyer in good
faith; and
(4)Possession derived from the right of ownership or possession with a
just title from the true owner. This is the possession that springs
from ownership.
 Classification of Possession
(1)Possession in one’s own name and possession in the name of
another (Art. 524);
(2)Possession in the concept of an owner and possession in the
concept of a holder (Art. 525); and
(3)Possession in good faith or possession in bad faith (Art. 526).
Art. 524 - Possession may be exercised in one’s
own name or in that of another.
Names under which possession may be exercised
are:
• One’s own name;
• Name of another.
 Possession in Another’s Name

• Voluntary - by virtue of an agreement, principal-agent

• Necessary – when a mother possesses for a child still in
the maternal womb
• Unauthorized – negotiorum gestio
 Article 525

The possession of things or rights may be had in

one of two concepts: either in the concept of
owner, or in that of the holder of the thing or
right to keep or enjoy it, the ownership pertaining
to another person.
Possession in the Concept of Owner or Holder

• A possessor in the concept of an owner may be the owner

himself or one who claims to be so.
• One who possesses as a mere holder acknowledges in another
a superior right which he believes to be ownership, whether his
belief be right or wrong.
 Possession in the Concept of Owner
• Concept is opinion — not of the possessor but that of others.
• The concept of owner refers to the opinion or belief of the neighbors
and the rest of the world and not that of the possessor.
• A possessor in the concept of an owner is one who claims to be, and acts
as if he is the owner, regardless if he is in bad faith or in good faith.
• The possessor recognizes no title of ownership in another, with respect to
the property involved.
 Possession in the Concept of Holder

• The possessor in the concept of holder recognizes that

there is another person who is the owner of the
property.
• Examples are that of a tenant, a usufructuary, a
depositary and a bailee in commodatum.
 Art. 526.
“He is deemed a possessor in good faith who is not
aware that there exists in his title or mode of acquisition any
flaw which invalidates it.
He is deemed a possessor in bad faith who possesses in
any case contrary to the foregoing.
Mistake upon a doubtful or difficult question of law may
be the basis of good faith.”
 Requisites For Possession In Good Faith
1. the possessor has a title or mode of acquisition;
2. there is a flaw or defect in said title or mode which invalidates
it; and
3. the possessor is unaware of the flaw or defect, or believes that
the thing belongs to him.
 QUESTION

What is the difference between a

possessor in good faith versus that of a
possessor in the concept of owner?
 ANSWER

A possessor in good faith is one who believes that

he is the owner of the property while a possessor in
the concept of owner is one who acts as if he is the
owner.
 Possessor in Bad Faith
• One who is not in good faith.
• Bad faith is personal. Successors-in-interest are not necessarily deemed in
bad faith.
Examples:
• A lessee who stays in the property after the expiration of the lease contract.
• A purchaser from the tenant of the property, with knowledge that the
property belongs to another.
 Mistake of Law (Art 525, par.3)
• GR: Only ignorance or mistake of fact which serves as basis of
good faith but not mistake of law. (Art 3, Civil Code)
• XPN: The possessor’s mistake upon a doubtful or difficult
question of law may serve as basis of his good faith.
• Excusable error arising from complex legal principles and from the
interpretation of conflicting or doubtful doctrines may be such basis.
(Manresa)
 QUESTION TIME

Can a possessor in the concept of holder (a

mere tenant, agent or usufructuary) be
qualified to become a possessor-builder in
good faith?
 ANSWER
No, possessors in the concept of holder are not possessors in good faith.
A lessee for example, cannot be said to be a possessor-builder in good
faith as he has no pretension to be owner. Being a mere lessee, he knows
that his occupation of the premises will continue only for the life of the
lease.
Hence, he cannot claim that he is unaware of any flaw in his title or that
he is under the belief that he is the owner of the subject premises.
Article 527. (Presumption of Good Faith)
Good faith is always presumed, and
upon him who alleges bad faith on the
part of a possessor rests the burden of
proof.
 Article 528.

Possession acquired in good faith does not

lose this character except in the case and from
the moment facts exist which show that the
possessor is not unaware that he possesses the
thing improperly or wrongfully.
 When Bad Faith Begins
• Until facts exist which show that the possessor is already aware that he
wrongfully or improperly possesses the thing.
• From the moment defects in the title are made known to the possessors, by
extraneous evidence or by suit for recovery of the property by the true
owner.
• From the date of receipt of the summons to appear at the trial and if such
date does not appear in the record, that of the fi ling of the answer would
control.
 Article 529. (Presumption of
Continuity of Character of
Possession)
It is presumed that possession continues
to be enjoyed in the same character in
which it was acquired, until the contrary
is proved.
 Article 530.
Only things and rights which are
susceptible of being appropriated
may be the object of possession.
 Exceptions

1. Res communes;
2. Property of public dominion;
3. Easement; and
4. Prohibited by law
 Examples of things and rights which may not be the object of
possession:

1. Things which, because of their distance, their depth or their immensity are not
capable of human control (res communes beyond human control) such as the sun,
the stars and the ocean;
2. Forces of nature in their diffused state unless they are brought under human
control through the help of science;
3. Property of public dominion;
4. Discontinuous servitudes; (easement of right of way)
5. Non-apparent servitudes. (easement of not building to more than a certain height)
Res nullius – abandoned or ownerless property

• May be possessed but cannot be acquired by

prescription since prescription presupposes
prior ownership in another.